As previously reported, in November Lasham Gliding Society were granted leave for a judicial review on two of the three grounds of complaint against the Farnborough ACP. Leave for a third ground was given only in so far as it was linked to the first two
Lasham Gliding Society made an application for renewal of the decision for leave which had been partially refused in relation to ground three and this application was listed for a hearing on 17 January.
The purpose of this hearing was to have leave for the third ground reconsidered on a standalone basis so that, if successful, it would reinstate that ground of challenge in addition to the first two grounds.
They are pleased to be able to report that the judge has now given leave for a third ground, in addition to those of safety and efficiency.
It was decided that, in this third ground, it is arguable that the needs of General Aviation (including gliding), and Lasham in particular, had not been properly taken into consideration by the CAA in making its decision.
Although the judge also decided that the CAA did not have to show that SIDs & STARs (procedural routes for arrivals and departures) were necessary, or that the CAA was in breach of its procedure in failing to undertake a further round of consultations with LGS, this does not affect their arguments in their grounds on efficiency or safety points.
They now have three independent grounds (instead of just two) for which they only need to win one for the CAA’s decision to be struck out.